The rules for home borrowers are tightening up here in Cook County IL (the county in which Chicago is located). Specifically, certain first-time buyers, considering several "high risk" loan products, will now have to complete a counseling session before they close on their new home.
This "Cook County Predatory Database Lending Program" debuts July 1st. It will cover, initially, only Illinois most populous county, and impact first-time buyers most directly. But new county mortgage recording requirements will affect every single mortgage recorded, beginning next month here.
Only loans offered through Mortgage Brokers or Independent Loan Originators licensed in Illinois will have the counseling requirement for select borrowers. Loans written directly through banks are not affected, since bank-employed loan officers are not required to be licensed in the same way independent loan originators are in IL.
In a nutshell, borrowers will have to be counseled about their loan if -
They are first-time homebuyers in one-to-four unit residential properties in which they will reside, and the loan itself meets one or more of these characteristics -
The loan permits interest-only payments, or
The loan could result in negative amortization, or
The total points or fees payable at closing by the borrower will exceed 5% of the loan amount, or
The loan features a pre-payment penalty, or
The loan is an Adjustable Rate Mortgage (ARM), where the first rate adjustment occurs within the first three years of the loan term.
Beginning July 1, 2008, every mortgage instrument recorded in Cook County IL will require either a Certificate of Compliance, for borrowers who completed required mortgage counseling, or a Certificate of Exemption, for borrowers not required to engage in counseling. Certification Forms will be available from Closing Agents at Title Companies throughout IL.
Virtually all property transfers across Illinois are completed and insured by a Title Company, and with an Agency Closing.
Training is required for all IL Independent Mortgage Brokers and Loan Originators in advance of the July 1st start date of the new program. Explanatory info is being mailed to all IL Real Estate Practitioners as well.
See our post earlier today at BlogChicagoHomes.com for more information, as well as a link to a Fact Sheet published by the Illinois Department of Financial & Professional Regulation explaining the program.
DEAN & DEAN'S TEAM CHICAGO
